SES and their legal status
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Southern Interregional Department of the Ministry of Justice (Odessa)
SES and their legal status
22.03.2017
SES and their legal status
The Special Representative describes the status of a particular social group, which enjoys accordance with regulations specific, additional rights, obligations, restrictions and responsibilities. Special status specifying the legal status of the overall level of social groups. Special status can be either in the same field of law, such as state-legal status of deputy status entrepreneur and have a complex character (the status of an official, public servant). With special legal status as public performers who hold positions in the state executive service and civil servants.
State Executive is a representative government, acting on behalf of the state and under its protection and authorized to operate by the state to enforce the decisions in the manner provided by law. Terms and conditions of execution of court decisions and other bodies (officials), according to the law enforceable determines the Law of Ukraine "On Enforcement Proceedings".
Also Article 8 of the Law of Ukraine "On bodies and persons engaged in the enforcement of judgments and decisions of other authorities" indicated that public performers, managers and specialists of state executive service of civil servants.
State performer must be a citizen of Ukraine who has a law degree is not lower than the second level has a state language and capable of their personal and professional qualities to exercise the powers of the bailiff.
Contractor shall implement measures Enforcement manner and procedure laid down executive document and the Law of Ukraine "On Enforcement Proceedings" provide the parties of enforcement proceedings, their representatives and the prosecutor as the party of the enforcement proceedings the opportunity to inspect the enforcement proceedings; considered in terms of statutory declarations of the parties and other participants in the enforcement proceedings and their application; claim in the prescribed manner of resignation in the circumstances prescribed by law; explain to the parties and other participants in the enforcement proceedings their rights and obligations.
SES also bear disciplinary, financial responsibility and, in the case of on duty act that has elements of a crime or administrative offense - criminal or administrative responsibility in the manner prescribed by law.
An important feature in defining the role of the bailiff in enforcement proceedings is the availability of power. Through the description of the legal status of the bailiff, to look at the organizational - legal aspect of power. In this sense, it is defined as a way to impose their will on other subjects and to guide their behavior and actions in the direction that is defined in accordance with the law.
Certainly, to determine the legal status of a state enforcement officer must analyze a set of rights and obligations which it is endowed.
The main duties of civil servants under the Law of Ukraine "On State Service", observe the Constitution of Ukraine, act on the basis, within the powers and in the manner envisaged by the Constitution and laws of Ukraine; adhere to the principles of public service and ethical conduct rules; respect for human dignity, to prevent violations of the rights and freedoms of man and citizen; to respect state symbols of Ukraine; be sure to use the state language while performing their duties not to discriminate state language and counteract possible attempts of discrimination; provide within its powers effectively perform the tasks and functions of state bodies; conscientiously and professionally perform their duties; implement the decisions of the state bodies, orders (orders), agency heads granted under and within the powers provided by the Constitution and laws of Ukraine; follow the requirements of the law on prevention and combating corruption; guard against real and potential conflicts of interest in the civil service; constantly raise the level of their professional competence and organization to improve performance management; keep state secrets and personal data of persons who were known to him in connection with his duties, and other information under the law shall not be disclosed; provide public information to the extent permitted by law.
Also, state employees perform other duties specified in the regulations on structural divisions of state agencies and job descriptions approved by the heads of state service in these organs.
Thus, for the performance of state enforcement tasks given him the right defined in Art. 18 Law of Ukraine "On Enforcement Proceedings":
1) inspect the debtor decisions to be performed under this Act;
2) to verify implementation entities regardless of ownership, individuals, individuals - entrepreneurs working in decisions concerning their debtors;
3) to protect the interests of recipient get free from government bodies, enterprises, institutions and organizations regardless of ownership, officials, parties and other participants in the enforcement proceedings required for the execution of explanation, certificates and other information, including confidential;
4) the presence of motivated court decision forced entry into a home or other property of an individual to freely enter the land to residential and other premises of the debtor - individual, person, of which the debtor's property or the property and money owed to the debtor by other persons to conduct the examination, if necessary forcibly open them in due course with the assistance of the police to seal such premises, arrest, seize and seal the proper debtor property which is there and which in accordance with the law may have to foreclose. Forced penetration land to residential and other premises in connection with the enforcement of the court to evict the debtor and the claimant universe and the decision to remove obstacles to the use of premises (housing) is carried out solely on the basis of the judgment;
5) freely enter the land, premises, storage facilities, other property of the debtor - legal entity to conduct their examination, forced open and seal them;
6) seize the debtor's property, seal, remove, transfer a property to store and sell it in the manner prescribed by law;
7) seize money and other assets of the debtor, including the means that are at the box office on accounts in banks and other financial institutions and agencies engaged treasury services budget (except in the accounts of taxpayers in the system of electronic tax administration the value of the accounts with special regime of use, and other special accounts, seizure of prohibited by law) on securities accounts and cash seal, space and storage of money;
8) the registration of encumbrances of property during and in connection with enforcement proceedings;
9) Use the consent of the owner of the premises for temporary storage of seized property and vehicles recipient or the debtor for their consent for the transportation of property;
10) go to court or authority that issued the executive a document from an application (submission) to clarify decisions on issuing duplicate of the document in the cases stipulated in this Law, the court which issued the executive a document - a statement (submission) on the establishment or modification of the procedure and method of execution, postponement or installment plan execution;
11) decide on the postponement of installments and execution (except for court decisions), the written statement of the collector;
12) go to court with a request to search for the child, the adoption of the reasoned decision about forced entry into a home or other property of the debtor - individual or another person, which is a child in respect of whom a document prepared by the executive of its removal;
13) go to court with the idea of ??forced entry into a home or other property of the debtor - individual or another person, which is a property of the debtor or property and assets belonging to the debtor by other persons;
14) cause individual officials on the executive documents that are in the enforcement proceedings.
If the debtor without good reason has not appeared when summoned musician, singer may apply to the court for applying a drive;
15) engage in the established order of witnesses, police officers and other persons as well as experts, specialists, and for the assessment of property - of evaluation activity - entities;
16) impose penalties in the form of fines on individuals, businesses and public officials in cases provided by law;
17) used in the Enforcement photos and filming, video;
18) require financially responsible and officials debtors - legal entities or debtors - individuals explanations on the facts of non-compliance with legal requirements or artist of a violation of the law on enforcement proceedings;
19) if the debtor deviation from the obligations imposed by the decision to go to court for establishing temporary restriction of the right departure debtor - individual or head of the debtor - legal entity from Ukraine to fulfill obligations under the decision or debt the decisions on recovery of periodic payments;
20) engage as necessary for the organization or execution of business entities, including for a fee, by advance payment collector;
21) receive from banks and other financial institutions about the availability of accounts and / or the accounts of the debtor, cash flow and transactions on the accounts of the debtor, as well as information on contracts debtor deposit box or providing debtor in property lease (lease) of individual bank safe, protected by the bank;
22) exercise other powers stipulated in this Law.
Contractor shall take action under this Act in respect of enforcement decisions impartially, efficiently, timely and fully perform executive actions.
At the same time the bailiff is protected by law. Prohibited interference by the public authorities, the authorities of the Autonomous Republic of Crimea, local governments, their officials and officers, political parties, public associations and other entities in the activities of the bailiff, private enforcement to enforce decisions. Artist resistance state or private artist, bodily injury, violence or threat of violence against them and their relatives, as well as deliberate destruction or damage to their property due to the enforcement of decisions of the executive or private contractor entail liability under the law. The same liability arises in the case of these offenses against the person after the dismissal of the executive or termination of private enforcement and respect of their close relatives in connection with the enforcement of its decisions in the past. Prohibited review, disclosure, discovery or seizure of documents execution, except as required by law.
Financial and material support of employees of state executive service and financing costs for the organization and execution carried out by the state budget and costs of enforcement proceedings, formation of which is established by the Law of Ukraine "On Enforcement Proceedings". The number of employees of state executive service, procedure and substantive ensure their activities are established by the Cabinet of Ministers of Ukraine. SES officers who need to improve housing conditions, service housing provided in priority to the execution of powers according to the law for the state or the relevant local budget. The family of the deceased Bailiffs retain the right to obtain a residential area. Employees of state executive service provided uniforms free of charge at rates determined by the Cabinet of Ministers of Ukraine.
Summing up the above, it should be noted that the bailiff is an officer who is endowed with state - of authority and the authority to represent the state in the execution of court decisions and other bodies (officials).
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